My partner and I have lived together since 2003. In 2008, our families formally acknowledged our relationship as husband and wife, though we never registered our marriage. We don’t have any children.
Since 2012, we’ve been living separately to pursue our individual goals. This year, we decided to formally separate legally.
Do we need to file for divorce in this situation? What proof do we need to show that we’ve been living separately, and what happens if we can’t produce any?
While your families acknowledged your relationship, it wasn’t legally registered. Therefore, you aren’t considered legally married under Indian law and don’t need to file for divorce. You can simply separate without any legal proceedings. Evidence of living separately since 2012, such as separate residences and financial records, would strengthen your claim, but their absence wouldn’t necessarily prevent your separation.
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